PBEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 31st day of July 2012
Filed on : 04/01/2012
Present :
Shri. A Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member
C.C. No. 5/2012
Between
1. Latha Ramachandran, : Complainant
W/o. T.P. Ravikumar, Govt. Employee, (By Adv. M.V. Joy,
res. at Nandanam Harisree Colony, ivth floor, Metro Plaza,
Vadakkanthara P.O., Ernakulam-682 018)
Palakkad, Pin-678 012.
2. T.P. Ravikumar,
S/o. P.P. Achutha Pisharady,
Business, resi.
at Nandanam Harisree Colony,
Vadakkanthara P.O.,
Palakkad, Pin-678 012.
And
1. M/s. Apple A day properties Pvt. Ltd.,: Opposite parties
Rep. by its Managing Director, (Absent)
K.A. Saju, Apple Tower,
Palarivattom,
Edappally Bye pass road,
Edappally P.O., Palarivattom,
Kochi-682 025.
2. K.A. Saju, Managing Director,
Apple A day properties private Ltd.
S/o. T.K. Abdhul Khader,
res. at Poovathummottil Kadavil,
Edappally P.O., Kochi-682 024.
O R D E R
C.K. lekhamma, Member.
Brief facts of the complainant’s case are as follows:
The complainants entered an agreement with the opposite parties for construction of an apartment No. E-101 in their project by name Nano Homes. They had paid Rs. 10,000/- as booking charges as per the schedule of payment on 26-01-2009. On 29-01-2009 the complainant had paid Rs. 2,90,000/- as balance amount of booking. On 30-04-2009 he paid Rs. 2,41,635/- and on 14-12-2009 another amount of Rs. 1,16,675/- was also paid to the opposite parties. As per the agreement for constructions of Nano Homes the opposite party will construct the apartment and will finish the work within 24 months with effect from 15-04-2009 and offered handing over of the key to the complainant. On 26-05-2011 the complainant was informed that work of the project is still in progress and is nearing completion. The complainants visited the work site of the project. As on that date, the site was not even developed, and the piling woks not started. Hence dissatisfied with the promises assured by the opposite party the 1st complainant had filed a petition before the Palarivattom Police Station. Both the opposite parties have assured the complainants again that key of the apartment would be handed over in June 2011. But they did not turn up.
The complainants are seeking the following reliefs against the opposite parties.
a. to direct the opposite parties to refund an amount of Rs. 6,58,310/- paid by the complainants to the opposite parties
b. To direct the opposite party to pay compensation for mental agony and other incidental expenses to the complainants.
2. The complainant appeared though counsel. At the outset the opposite parties appeared thereafter they opted to remain absent during the proceedings. The complainant filed proof affidavit Exts. A1 to A8 were marked. Heard the counsel for the complainant.
3. The points that arose for consideration are as follows:
i. Whether the complainant is entitled to get refund of Rs. 6,58,310/- from the
opposite parties?
ii. Compensation and costs if any
4. Points Nos. i&ii. The case of the complainants is that they had booked an apartment with the opposite parties and paid the booking charges of Rs. 10000/- on 26-01-2009, Rs. 2,90,000/- on 29-01-2009, Rs. 2,41,635 on 30-04-2009 and Rs. 1,16,675 on 14-12-2009. It is contented that the opposite parties assured that they would finish the work of the apartment within 24 months with effect from 15-04-2009 and also offered to hand over the key to the complainants. But till date the opposite parties could not complete the construction work.
Exbt. A3 construction agreement was on 15-04-2009. The time stipulation mentioned for completion of the construction work is within 24 months with effect from 15-04-2009. Ext. A4 to A7 receipts are the evidence of payments made by the complainant to the opposite parties. The complainant contented that the opposite parties could not start the construction work so far and the opposite parties failed to handover the possession of the apartment in accordance of Ext. A3 agreement. The opposite parties failed to deliver the possession of the apartment within the time stipulation mentioned in Ext. A3. In that case the complainants are entitled to get compensation for the delay in delivery of the apartment. Admittedly there is no clause in Ext. A3 agreement to pay compensation in case the opposite parties fail to deliver the possession to the complainant. Indisputably, the complainants have had to suffer mental agony and other hardships though there is no provision in Ext. A3 to pay compensation. As per the evidence it appears that the complainants altogether paid Rs. 6,58,310/- on different dates in the 2009 itself. In view of the above we are of the considered view that the complainants are entitled to get refund of Rs. 6,58,310/- along with 12% interest p.a. from the date of each receipts of the payments till realization. Seemingly the complainant has had to suffer mental agony and unnecessary inconveniences for no fault of his only goes to show that a consumer has been wronged which calls for costs of the proceedings. We fix it as Rs. 10,000/-.
5. Therefore, we allow the complaint and direct as follows:
(i) The opposite parties shall refund the amounts as per Ext. A4 to A7 receipts together with interest @ 12% p.a. from the date of each receipt till realization.
(ii) The opposite parties shall pay Rs. 10,000/- by way of costs to the complainant for the reasons stated above.
The above said order shall be complied with within a period of one month from the date of receipt of a copy of the order.
Pronounced in the open Forum on this the 31st day of July 2012.
Sd/-
C.K. Lekhamma, Member.
Sd/-
A Rajesh, President.
Sd/-
Paul Gomez, Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant’s exhibits :
Ext. A1 : Copy of brochure
A2 : Copy of agreement for sale of
undivided share in land
A3 : Copy of agreement for construction of
Nano Homes
A4 : Cash receipt voucher dt. 26-01-2009
A5 : Bank receipt voucher dt. 29-01-2009
A6 : Receipt dt. 30/04/2009
A7 : receipt dt. 14-12-2009
A8 : copy of FIR
Opposite party’s Exhibits : Nil
